Texas Class C Assault Charge

A Texas Class C Assault charge is an assault that does not include pain or injury. Since it is a Class C charge there is no jail time included in punishment. There is only a fine up to $500. This is the same penalty range as a traffic ticket but that doesn’t mean these are not serious charges. Texas Class C Assault charges are still assaults and if you are convicted can show up on your record. Potential employers on a background check see the word “Assault” and don’t care if it’s a class C misdemeanor. They think this person is violent.

There are two ways to allege a Texas Class Assault charge. The prosecution can accuse a person of intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse. The person must have the specific intent to harm another person and that harm must be imminent. In other words, the harm is about happen.

The second way to allege a class C assault is alleging the defendant intentionally or knowingly causes physical contact with another when the person knows or should be reasonably believe that the other will regard the contact as offensive or proactive. This is the most common way the police will charge a Class C assault. If two people are arguing and one forcefully pushes the police could charge that person with a Class C Assault. There is no pain inflicted but the victim can be offended by the push.

The police can charge a person with a Texas Class C Assault by writing them a ticket or making an arrest. The police will often arrest a person for a class C if there is an altercation in a bar or at a sporting event and no real injury occurred. They will make an actual arrest to calm the situation down and to keep the parties from starting another fight after officer’s leave. The police will also make an arrest if they are called to a domestic dispute. If one spouse tells the police, they were grabbed or shoved but didn’t feel any pain officers will make an arrest but only charge the suspect with a Class C assault.

Texas Class C Assault charges are filed in city courts, and you have the same defenses as you would for any other type of assault charge. That could be self-defense, accident, consent or lack of evidence. If you find yourself charged with a Texas Class C Assault notify an experienced criminal lawyer right away. Don’t represent yourself as people often do with traffic tickets. Class C Assault charges must be taken as seriously as any other assault charge.



Defenses to Aggravated Assault Charges

There are many defenses to Texas aggravated assault charges under Texas law. A defense lawyer can defend these charges by contesting intent, injuries, or by self defense. An aggravated assault charge can be a second or first degree felony depending on the facts of the case.

One way a person can be charged with aggravated assault is by threatening or exhibiting a deadly weapon during an assault. A criminal attorney may be able to show there is insufficient proof a threat was made with a weapon or that a deadly was never exhibited during an assault. Witnesses to aggravated assaults’ are often unreliable and may not have much credibility when they testify. The crimes often occur at bars or parties and many times the witnesses may be impaired by alcohol or drugs.

Another way of proving an aggravated assault charge is by alleging serious bodily injury. At first glance this may seem easy for the prosecution but in reality proving a serious bodily injury can be difficult. To meet its burden the prosecutor must prove the victim suffered an injury that creates a substantial risk of death. What may appear to be a serious injury at the scene may not turn out to be that serious once the medical records are examined. A good criminal attorney will always get these records and closely examine them.

A defense attorney may also be able to beat an aggravated assault charge by raising self defense. A person can defend themselves with force if they are attacked or if they have a reasonable belief they are about to be attacked. This is easier to accomplish if there is any type of mutual combat involved. The police usually make the loser of a fight the victim and charge the winner. The police may have enough evidence to make an arrest but if self defense is raised the prosecution must prove beyond a reasonable doubt the defendant’s action were not reasonable.

Aggravated assault charges are serious and can effect you for the rest of your life, but there are many defenses to aggravated assault charges that are available under Texas law.

Dallas Aggravated Assault Charges

Dallas Aggravated Assault charges are on the increase in 2020. The felony offense of Aggravated Assault carries an penalty range from 2 to 20 years in prison. A person charged with Aggravated assault charges can also receive probation if they haven’t been convicted of a felony.

Dallas Aggravated Assault charges can occur under two theories. A person can be charged with Aggravated Assault if they threaten another person with a deadly weapon. A deadly weapon is a weapon that can cause death or serious bodily injury. The threat is the key element. The victim doesn’t have to be injured but only threatened with a deadly weapon.

The other way a person can be charged with Aggravated Assault is by causing serious bodily injury. If a victim is shot or stabbed and survives then the police will bring the charge of Aggravated Assault. A person can also be charged with Aggravated Assault if they are injured in a fight by being beaten badly by weapons or a defendant’s hands or feet.

There are many defenses to Aggravated Assault charges. A Dallas Aggravated Defense Attorney should be hired immediately if a person is charged or under investigation for Aggravated Assault charges. You should never talk to the police without consulting with a Dallas Aggravated Assault attorney.

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